EB-2 NIW (5038)H-1B (4985)EB-1A (4549)L-1A (4206)EB-1C (2797)EB-3 (1963)L-1B (723)EB-2 (615)EB-1B (301)O-1A (286)O-1B (256)E-2 (26)O-2 (13)EB-2/3 (7)P-1 (4)unclear (4)I-360 (2)L-1 (1)L-1A (intracompany transferee, manager/executive) (1)
25777 total decisions
Page 125 of 258
dismissed
H-1B
Human Services
The appeal was dismissed because the proffered 'habilitation specialist' position did not qualify as a specialty occupation. The AAO agreed ...
Specialty Occupation Definition Normal Degree Requirement Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
dismissed
H-1B
Human Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'habilitation specialist' position qualifies as a spe...
Specialty Occupation Definition Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Human Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'habilitation specialist' position qualifies as a spe...
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
sustained
H-1B
Data Science
The appeal was sustained because the AAO determined that the Service Center Director misstated the petitioner's actual educational requireme...
Specialty Occupation Degree Requirement Beneficiary'S Educational Qualifications
dismissed
H-1B
Social Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'habilitation specialist' position qualifies as a spe...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Human Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'assistant program manager' position qualified as a s...
Specialty Occupation Definition Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Human Services
The appeal was dismissed because the petitioner did not establish that the proffered 'habilitation specialist' position qualifies as a speci...
Specialty Occupation Definition Requirement For A Degree In A Specific Specialty 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Social Services
The appeal was dismissed because the petitioner failed to establish that the proffered position of assistant program manager qualified as a ...
Specialty Occupation Definition Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
dismissed
H-1B
Social Services
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'habilitation specialist' position qualifies as a s...
A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement The Degree Requirement Is Common To The Industry In Parallel Positions The Employer Normally Requires A Degree For The Position The Duties Are So Specialized And Complex That The Knowledge Required Is Usually Associated With A Degree
dismissed
H-1B
Human Services
The appeal was dismissed because the proffered position of 'habilitation specialist' did not qualify as a specialty occupation. The AAO conc...
A Baccalaureate Or Higher Degree Is Normally The Minimum Requirement The Degree Requirement Is Common To The Industry The Employer Normally Requires A Degree The Duties Are So Specialized And Complex That They Require A Degree
remanded
H-1B
Rehabilitation Counseling
The Director denied the petition, concluding the proffered habilitation counselor position did not qualify as a specialty occupation because...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Norm For Degree Requirement Employer'S Normal Hiring Requirement Specialized And Complex Nature Of Duties Lca Correspondence To Proffered Job
remanded
H-1B
Rehabilitation Counseling
The Director denied the petition, finding the described duties for a habilitation counselor were too general to qualify as a specialty occup...
Specialty Occupation Definition Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Nature Of Duties
remanded
H-1B
Rehabilitation Counseling
The Director initially denied the petition, concluding the proffered job duties for a habilitation counselor were too general and did not qu...
Specialty Occupation Qualification Bachelor'S Degree Requirement Nature Of Specific Duties Correspondence Between Lca And Proffered Job
sustained
H-1B
Software Engineering
The appeal was sustained because the AAO first determined that the proffered position of Staff Software Engineer qualified as a specialty oc...
8 C.F.R. § 214.2(H)(4)(Iii)(C) 8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(C)(2)
sustained
H-1B
Information Technology
The Director initially denied the petition, concluding the Beneficiary was not qualified for the proffered position. The AAO sustained the a...
8 C.F.R. § 214.2(H)(4)(Iii)(C)(2)
dismissed
H-1B
Human Resources
The appeal was dismissed because the petitioner failed to establish that the proffered Human Resources Specialist position qualifies as a sp...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)
dismissed
H-1B
Religion
The appeal was dismissed because the petitioner, a church, failed to establish that the position of church planting pastor qualifies as a sp...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Normal Degree Requirement For Position Equivalent Experience
dismissed
H-1B
Information Technology
The appeal was dismissed because the petitioner did not sufficiently describe the duties of the proffered position. The job descriptions pro...
Specialty Occupation Definition Normal Minimum Educational Requirement For The Position Industry Common Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Degree Of Specialization And Complexity Of Duties
remanded
H-1B
Finance
The appeal was remanded because the Director denied the petition based on the beneficiary's qualifications without first properly determinin...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Human Services
The appeal was dismissed because the proffered position of assistant program manager did not qualify as a specialty occupation. The petition...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Social Services
The appeal was dismissed because the petitioner did not establish that the proffered Program Manager position qualified as a specialty occup...
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Unique/Complex Position Employer'S Normal Degree Requirement For The Position Specialized And Complex Duties Requiring A Degree
dismissed
H-1B
Social Services
The appeal was dismissed because the petitioner failed to establish that the proffered program manager position qualifies as a specialty occ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Human Services
The appeal was dismissed because the proffered assistant program manager position did not qualify as a specialty occupation. The petitioner ...
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Behavior Analysis
The appeal was remanded because the Director improperly dismissed the petitioner's motion to reopen and reconsider without providing a speci...
H-1B Cap Exemption Third-Party Petitioner Affiliation Employment At A Qualifying Institution
remanded
H-1B
Unknown
The appeal was remanded because the Director approved the H-1B petition for a shorter validity period than requested without providing a cle...
H-1B Six-Year Limit Recapture Of Time Spent Abroad Calculation Of Maximum Admission Period Evidentiary Requirements For Travel Dates
remanded
H-1B
Behavior Analysis
The Director's decision to dismiss the motion to reopen and reconsider was withdrawn because it failed to address the evidence and claims wi...
H-1B Cap Exemption Third-Party Petitioner Affiliation With A Qualifying Institution Duties Furthering The Purpose Of A Qualifying Institution Majority Of Work Time At A Qualifying Institution
sustained
H-1B
Behavior Analysis
The initial denial was based on the petitioner's failure to establish that the beneficiary qualified for an H-1B cap exemption by working fo...
H-1B Numerical Cap Exemption Employment At A Qualifying Institution Of Higher Education Specialty Occupation Beneficiary Qualifications
sustained
H-1B
Data Engineering
The Director granted a shorter H-1B extension than requested, only accounting for time the beneficiary could recapture. The petitioner appea...
H-1B Six-Year Limitation Ac21 Extension Pending Labor Certification Recapture Of Time
sustained
H-1B
Computer Systems Design
The Director initially denied the petition after concluding the Beneficiary was not qualified to perform the duties of the software develope...
Beneficiary Qualifications Foreign Degree Equivalency
remanded
H-1B
Automotive Design
The Director approved the H-1B petition for a shorter duration than requested because the beneficiary's underlying labor certification, whic...
H-1B Six-Year Limitation Ac21 Extension Eligibility Pending Labor Certification (Eta Form 9089)
dismissed
H-1B
Social Networking Service
The appeal was dismissed because the petitioner submitted two H-1B registrations for the same beneficiary in the same fiscal year. Although ...
Prohibition On Multiple H-1B Registrations
sustained
H-1B
Engineering
The appeal was sustained because the petitioner provided compelling evidence, including an updated advisory opinion and a detailed support l...
Specialty Occupation Definition Bachelor'S Degree Requirement Highly Specialized Knowledge Position Complexity
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner failed to establish that the proffered position qualified as a specialty occupation. The pet...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The pet...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner failed to establish the position qualifies as a specialty occupation. The petitioner's own s...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3)
dismissed
H-1B
Unknown
The appeal was dismissed because the Beneficiary was found ineligible for an H-1B extension beyond the six-year limit. The Beneficiary faile...
H-1B Extension Beyond Six Years Ac21 Lengthy Adjudication Delay Exemption Failure To File For Adjustment Of Status
dismissed
H-1B
Computer Science
The appeal was dismissed because the petitioner failed to prove the beneficiary was qualified for the specialty occupation. The credentials ...
Beneficiary Qualifications Educational Equivalency
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner failed to establish that the proffered registered nurse position qualifies as a specialty oc...
Position Qualifies As A Specialty Occupation Normal Minimum Degree Requirement Industry Standard For Degree Requirement Employer'S Past Hiring Practices Complexity And Specialization Of Duties
dismissed
H-1B
Behavioral Health
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'direct support professional' position qualifies as...
Specialty Occupation Bachelor'S Degree In A Specific Specialty Disparate Acceptable Degree Fields
dismissed
H-1B
Human Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'direct support professional' position qualified as a...
Specialty Occupation Specific Degree Requirement
dismissed
H-1B
Human Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'direct support professional' position qualifies as a...
Specialty Occupation Definition Requirement For A Degree In A Specific Specialty
dismissed
H-1B
Human Services
The appeal was dismissed because the petitioner failed to establish that the offered 'direct support professional' position qualified as a s...
Specialty Occupation Specific Degree Requirement
dismissed
H-1B
Human Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'habilitation specialist' position qualifies as a spe...
Specialty Occupation Specific Degree Requirement
dismissed
H-1B
Human Services
The appeal was dismissed because the petitioner failed to establish that the residential counselor position qualifies as a specialty occupat...
Specialty Occupation Minimum Degree Requirement Disparate Acceptable Degree Fields
dismissed
H-1B
Human Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'direct support professional' position qualified as a...
Specialty Occupation Definition Specific Degree Requirement Beneficiary Qualifications
sustained
H-1B
Unknown
The appeal was sustained because the AAO determined that the offered position's duties were specialized and complex enough to require a bach...
Specialty Occupation Beneficiary Qualifications Complexity Of Duties
dismissed
H-1B
Management Consulting
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Coordinator (Cell Operations)' qualifies...
Specialty Occupation
dismissed
H-1B
Social Services
The appeal was dismissed because the proffered position of assistant program manager did not qualify as a specialty occupation. The AAO conc...
Specialty Occupation Definition Requirement For A Degree In A Specific Specialty 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Unspecified Specialty Occupation
The motions to reopen and reconsider were dismissed because the petitioner failed to provide new facts to support reopening the case. The pe...
Motion To Reopen Standards Motion To Reconsider Standards Equitable Estoppel
remanded
H-1B
Unknown
The Director initially denied the petition, concluding the Labor Condition Application (LCA) did not properly correspond with the offered po...
Labor Condition Application (Lca) Correspondence Beneficiary Qualifications Specialty Occupation
dismissed
H-1B
Human Services
The appeal was dismissed because the proffered assistant program manager position did not qualify as a specialty occupation. The petitioner'...
Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex As To Require A Degree
sustained
H-1B
Engineering
The appeal was sustained because the AAO determined the Director erred in finding the beneficiary unqualified. The AAO found that the benefi...
Beneficiary Qualifications For The Specialty Occupation Specialty Occupation Position Requirements
dismissed
H-1B
Information Technology
The Director initially denied the petition because the record did not establish that the offered position of 'IT department manager' qualifi...
Specialty Occupation Lca Correspondence With Petition 8 C.F.R. § 214.2(H)(4)(Iii)(A)
dismissed
H-1B
Unknown
The appeal was dismissed because the AAO affirmed the Director's decision to revoke the petition's approval based on a finding of fraud. The...
Fraudulent H-1B Registration Collusion For Multiple Lottery Entries
dismissed
H-1B
Not Specified
The appeal was dismissed because the AAO affirmed the Director's revocation of the petition due to fraud. The Director found that the petiti...
H-1B Registration Fraud Collusion Between Petitioners Multiple Registrations For A Single Beneficiary
remanded
H-1B
Software Engineering
The AAO remanded the matter because the Director's finding of fraud was procedurally deficient. The Notice of Intent to Revoke (NOIR) failed...
Bona Fide Position Specialty Occupation Fraud/Misrepresentation Truthfulness Of Statements In Petition Lca Correspondence With Petition
dismissed
H-1B
Unknown
The appeal was dismissed because the Petitioner submitted two H-1B registrations for the same beneficiary in the same fiscal year, violating...
Multiple H-1B Registrations
remanded
H-1B
Unknown
The appeal was remanded due to a procedural error. The Director's denial was based on the beneficiary's qualifications but failed to include...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Social Services
The appeal was dismissed because the proffered position did not qualify as a specialty occupation. The AAO concluded that the petitioner's a...
Normal Degree Requirement For Position Industry Standard For Degree Employer'S Normal Degree Requirement Specialized And Complex Duties Requires A Degree In A Specific Specialty Lca Correspondence To The Job
dismissed
H-1B
Social Services
The appeal was dismissed because the proffered position did not qualify as a specialty occupation. The AAO found that the petitioner's accep...
Normal Degree Requirement For The Position Industry Standard Or Position Complexity Employer'S Normal Requirement Specialized And Complex Duties
dismissed
H-1B
Healthcare
The appeal was dismissed because the petitioner failed to establish that the proffered 'registered nurse (intensive care unit)' position qua...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) H-1B Cap Exemption
dismissed
H-1B
Business Administration
The appeal was dismissed because the petitioner failed to establish that the position qualifies as a specialty occupation. The director foun...
Normal Minimum Degree Requirement For The Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties Requirement Of A Degree In A Specific Specialty
remanded
H-1B
Software Engineering
The appeal was remanded because the AAO found the Director did not sufficiently articulate the grounds to revoke the petition. The Director ...
H-1B Registration Process Attestation Against Collusion Material Misrepresentation Grounds For Petition Revocation Multiple Filings By Related Entities
remanded
H-1B
Systems Engineering
The Director revoked the petition's approval, finding that the petitioner worked with a related entity to unfairly increase the beneficiary'...
H-1B Registration Attestation Collusion/Fraud Multiple Filings By Related Entities Legitimate Business Need Grounds For Revocation
dismissed
H-1B
Human Services
The appeal was dismissed because the proffered habilitation counselor position did not qualify as a specialty occupation. The AAO found that...
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Specialized And Complex Duties Usually Associated With A Degree
dismissed
H-1B
Human Services
The appeal was dismissed because the proffered Program Manager position did not qualify as a specialty occupation. The petitioner's acceptan...
Specialty Occupation Definition Normal Degree Requirement For Position Degree Requirement Common To The Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
dismissed
H-1B
Unknown
The motion to reconsider was dismissed because it was untimely filed. The petitioner initially sent the motion to the wrong address, and by ...
Specialty Occupation Motion To Reconsider Timely Filing
remanded
H-1B
Physical Therapy
The Director initially denied the petition because the petitioner failed to provide a detailed job description or specify educational prereq...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Rehabilitation Counseling
The appeal was dismissed because the petitioner failed to prove the proffered position of 'direct support professional' qualifies as a speci...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Human Services
The appeal was dismissed because the proffered 'program manager' position did not qualify as a specialty occupation. The petitioner's accept...
Normal Degree Requirement For The Position Degree Requirement Common To The Industry For Parallel Positions Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
dismissed
H-1B
Human Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'program manager' position qualified as a specialty o...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard For Parallel Positions Employer'S Normal Degree Requirement Specialized And Complex Duties
sustained
H-1B
Data Science
The appeal was sustained because the AAO concluded that the record establishes the duties of the senior data scientist position are so speci...
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
dismissed
H-1B
Unspecified
The appeal was dismissed because the AAO affirmed the Director's revocation of the petition's approval. The Director found evidence of fraud...
Fraud Multiple H-1B Registrations
remanded
H-1B
Network Engineering
The appeal was remanded because the AAO determined that the Director did not sufficiently notify the Petitioner of the specific grounds for ...
H-1B Registration Attestation Collusion Between Related Entities Legitimate Business Need For Multiple Filings Fraud/Misrepresentation Grounds For Revocation
dismissed
H-1B
Human Services
The appeal was dismissed because the petitioner failed to establish that the proffered 'assistant program manager' position qualified as a s...
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
remanded
H-1B
Software Engineering
The appeal was remanded because the AAO found that the Director did not sufficiently notify the Petitioner of the specific grounds to revoke...
H-1B Registration Process Collusion To Increase Selection Chances Fraud/Misrepresentation Legitimate Business Need For Multiple Filings By Related Entities Grounds For Revocation
dismissed
H-1B
Social Services
The appeal was dismissed because the petitioner failed to prove the proffered 'assistant program manager' position qualified as a specialty ...
Normal Degree Requirement For Position Common Degree Requirement For Industry Employer'S Normal Degree Requirement Specialized And Complex Duties
sustained
H-1B
Data Science
The appeal was sustained because the Director erred in their analysis, incorrectly concluding that the required degree fields were too broad...
8 C.F.R. § 214.2(H)(4)(Iii)(A) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
remanded
H-1B
Manufacturing Engineering
The appeal was remanded because the AAO found that the Director did not sufficiently notify the petitioner of the grounds to revoke the peti...
H-1B Registration Process Collusion Fraud Attestation Legitimate Business Need Revocation Of Approval
dismissed
H-1B
Business
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO...
Normal Degree Requirement For The Position Common Industry Degree Requirement Or Unique/Complex Position Employer Normally Requires A Degree Specialized And Complex Duties Requirement Of A Degree In A Specific Specialty
dismissed
H-1B
Nursing
The appeal was dismissed because the petitioner failed to prove the proffered registered nurse position qualifies as a specialty occupation....
Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry
remanded
H-1B
Business
The Director denied the petition based on the beneficiary's qualifications but failed to properly analyze the threshold issue of whether the...
Specialty Occupation Beneficiary Qualifications
dismissed
H-1B
Unknown
The appeal was dismissed, affirming the Director's revocation of the petition due to a finding of fraud. The Director concluded the petition...
Fraudulent Multiple H-1B Registrations Service Center Jurisdiction
dismissed
H-1B
Law
The appeal was dismissed because the petitioner failed to establish that the proffered position of a bilingual client case manager qualified...
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)-(4)
dismissed
H-1B
Unknown
The appeal was dismissed because the petitioner did not establish that the offered position qualifies as a specialty occupation. The Directo...
Specialty Occupation Lca Correspondence With Petition Soc Code Accuracy Degree Requirement
remanded
H-1B
Unknown
The Director revoked the H-1B petition approval, finding that the petitioner colluded with a related entity to submit multiple registrations...
H-1B Cap Registration Collusion Fraud Willful Misrepresentation Revocation Grounds Legitimate Business Need
remanded
H-1B
Unknown
The AAO found that the petitioner had withdrawn the petition before the Director issued the revocation decision, and the Director erred by n...
H-1B Registration Fraud Petition Revocation Petition Withdrawal Multiple Registrations
remanded
H-1B
Systems Engineering
The appeal was remanded because while the AAO agreed that the petitioner improperly worked with a related entity to unfairly increase the be...
H-1B Registration Attestation Collusion By Related Entities Legitimate Business Need For Multiple Filings Grounds For Revocation Fraud Finding
remanded
H-1B
Software Development
The AAO agreed with the Director that the petition was properly denied because the petitioner and a related company submitted multiple H-1B ...
H-1B Registration Requirement Multiple Registrations By Related Entities Legitimate Business Need Attestation Against Unfair Selection Advantage Finding Of Fraud Material Misrepresentation
remanded
H-1B
Software Development
The AAO upheld the denial of the H-1B petition, concluding the petitioner worked with a related entity to unfairly increase the beneficiary'...
H-1B Registration Requirement Attestation Against Colluding To Unfairly Increase Selection Chances Multiple Filings By Related Entities Legitimate Business Need Fraud Finding Material Misrepresentation
remanded
H-1B
Software Development
The appeal was remanded because while the AAO agreed with the director's denial of the H-1B petition due to improper multiple registrations ...
H-1B Registration Validity Multiple Registrations By Related Entities Legitimate Business Need Fraud/Material Misrepresentation
dismissed
H-1B
Unknown
The appeal was dismissed because the H-1B petition was not filed within the required 90-day period indicated on the registration selection n...
Timely Filing Filing Period Nunc Pro Tunc Request
dismissed
H-1B
Unknown
The appeal was dismissed because the AAO affirmed the Director's decision to revoke the petition's approval due to fraud and willful misrepr...
Multiple Registrations Fraud Willful Misrepresentation Specialty Occupation Jurisdiction
remanded
H-1B
Manufacturing Engineering
The Director's decision was withdrawn and the case was remanded. The AAO found a preemptive issue with the Labor Condition Application (LCA)...
Lca Correspondence With Petition Prevailing Wage Determination Required Years Of Experience Beneficiary Qualifications Specialty Occupation
dismissed
H-1B
Unknown
The appeal was dismissed because the Director had revoked the petition's approval based on a finding of fraud. The Director concluded the Pe...
Fraudulent H-1B Registration
dismissed
H-1B
Shipping Services
The appeal was dismissed because the petitioner failed to establish that the offered management analyst position qualifies as a specialty oc...
Normal Degree Requirement For Position Industry Standard Or Complex/Unique Position Employer'S Normal Hiring Requirement Specialized And Complex Duties
dismissed
H-1B
Unknown
The appeal was dismissed because the petition was incorrectly filed as exempt from the H-1B numerical cap. The beneficiary's original cap-su...
H-1B Cap Exemption Previously Counted Against Cap Revocation Of Prior Petition Specialty Occupation
dismissed
H-1B
Business Operations
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of business operations analyst qualifies a...
Specialty Occupation Definition Specific Degree Requirement 8 C.F.R. § 214.2(H)(4)(Iii)(A)
remanded
H-1B
Software Development
The appeal was remanded because the Director's revocation notice did not sufficiently explain the grounds for the finding of fraud and willf...
Revocation Authority Bona Fide Job Offer Fraud Willful Misrepresentation End-Client Relationship
sustained
H-1B
Human Factors Engineering
The Director initially denied the petition, finding the beneficiary did not qualify for the advanced degree exemption (master's cap) because...
H-1B Cap Advanced Degree Exemption
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